Definition
In Quebec civil law, the distinction between notary and lawyer is fundamental in a real estate transaction.
**Notary**: - Public officer designated by the Quebec government - The only professional authorized to draw up notarial acts (deed of sale, mortgage deed) which are authentic instruments - Acts impartially for both parties (buyer and seller, or borrower and lender) - Mandatory for all real estate mortgages in Quebec - Responsible for title examination, discharge of encumbrances, calculation of adjustments, and registration at the Land Registry
**Lawyer**: - Represents the interests of one party only (e.g., buyer or lender) - In other Canadian provinces, the solicitor replaces the notary for real estate transactions - In Quebec, a lawyer may be retained for disputes related to a transaction (latent defects, fraud) but not to execute the deed of sale
**Costs**: - Notarial fees: $1,000-$2,500 for a standard residential transaction - Includes: title search, mortgage deed, deed of sale, land registry filing, calculation of adjustments - To be budgeted in closing costs
**Quebec vs. rest of Canada**: Quebec's notarial system (civil law) differs from the common law system of other provinces where solicitors practise conveyancing.